Flexible Form I-9 temporary measures for employers who are operating remotely are currently set to expire Wednesday, Aug. 19. The government has not said whether the measures will be extended.

Key points:

  • The temporary measures allow employers who are operating 100% remotely because of COVID-19 to conduct virtual verification of employee documents, e.g., using fax, email or video link, for purposes of Form I-9 employment eligibility verification procedures.
  • Employers that followed the virtual verification procedures must comply with strict protocols when “normal operations resume,” including physical inspection of documents that were remotely viewed, within three business days.

Background: The temporary measures were put into effect on March 20 and have been extended several times, most recently in July.

BAL Analysis: The government has not yet indicated whether the measures will be extended again, but employers are encouraged review the original ICE guidance on the measures in case they are allowed to lapse. BAL will continue to monitor developments and will alert clients if there is an extension or any other significant changes.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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